Export Control Reminder: Semi-Annual Encryption Reporting Deadline 8/1/19

Cooley Alert

August 1, 2019, is the deadline for submitting semi-annual reports for certain ENC Restricted encryption items exported or re-exported between January 1 and June 30, 2019, pursuant to paragraphs (b)(2) and (b)(3)(iii) of License Exception ENC (15 CFR 740.17). The encryption items subject to the semi-annual reporting requirement include:

  • Certain network infrastructure items
  • Certain encryption source code that is not publicly available
  • Items that have been specifically designed, modified, adapted or customized for "government end-users"
  • Commodities and software for quantum cryptography
  • Cryptanalytic items and items with an open cryptographic interface
  • Commodities and software that provide penetration capabilities that are capable of attacking, denying, disrupting or otherwise impairing the use of cyber infrastructure or networks
  • Items that perform advanced network vulnerability or digital forensics analysis

If you would like assistance determining whether the EAR's encryption controls or semi-annual reporting requirement apply to your products, please contact a member of our team.

Related Contacts
Kevin King Partner, Washington, DC
Rebecca Ross Special Counsel, Washington, DC
Karen Tsai Associate, Washington, DC